Title
Resolution to Vacate Cornwell Place (CPC Recommendation: Approval - 8 Yeas, 0 Nays; 8 Votes Required); Release Utility Easements (8 Votes Required); Release Duct Bank Agreements, and Approve a Utilities Transfer Agreement with the University of Michigan
Memorandum
The University of Michigan has initiated a petition for a street vacation for the entirety of Cornwell Place, a dead-end street that runs east from North Ingalls Street and which was established by Lawrence and Maynard’s Addition to Ann Arbor dated August 8, 1848, recorded in Liber 27, Page 471 in the Washtenaw County Register of Deeds. The University owns all of the properties on both sides along Cornwell Place; thus, Cornwell Place serves no public or other private users. As a dead-end street, the vacation will not impact the City’s transportation network or public vehicular or pedestrian access. The University wishes to vacate the Cornwell Place public right-of-way to allow for future development, in particular a childcare center to serve Michigan Medicine staff, among other improvements.
Staff reviewed the request and recommended approval. On December 5, 2023 the Planning Commission held a public hearing and voted unanimously to approve a motion recommending that City Council approve the vacation of Cornwell Place public-right-of-way.
The University has provided evidence of notice to the private utility and telecommunication companies having private utility facilities located within Cornwell Place, and the University has provided evidence they are agreeable to having their facilities located on University property in the event Cornwell Place is vacated.
There are also public sanitary, water, and storm water utility mains located in the Cornwell Place right-of-way that serve only University of Michigan owned parcels.
These public utilities also extend beyond Cornwell Place right-of-way within easements on University-owned property located at 314 N. Ingalls and 415 Glen Ave.
Also, the City and the University are parties to duct bank agreements which allow the University to install, maintain, alter, repair and reconstruct electrical duct bank facilities within Cornwell Place and Catherine Street and telecommunication duct bank facilities within Cornwell Place.
If Cornwell Place is vacated, the transfer of utilities and releases of easements and duct bank agreements should also be addressed because those facilities serve only University properties.
City staff have determined that, if Cornwell Place right-of-way is vacated, there is no longer a public need for the City’s public utility easements and utilities that serve only University properties, and the City should release the easements and transfer ownership of and responsibility for these utilities to the University. Similarly, the City should release the electrical duct bank agreement in its entirety and partially release the telecommunications duct bank agreement as to Cornwell Place right-of-way.
Staff recommends approval of the Cornwell Place right-of-way vacation because all parcels on it are owned by the University, the vacation will have no impacts on vehicular or pedestrian access, and the public utilities will be transferred to the University of Michigan. The vacation is in the public interest and will facilitate future land uses of the vacated right-of-way and surrounding parcels.
Staff also recommends approval of: (1) release of the public utility easements; ii) release of the duct bank agreements as to Cornwell Place; and iii) the Utilities Transfer Agreement which has been reviewed and approved by the University.
Staff
Prepared by: Tim Wilhelm, Deputy City Attorney
Jill Thacher, Principal Planner
Reviewed by: Derek Delacourt, Community Services Area Administrator
Approved by: Milton Dohoney Jr., City Administrator
Body
Whereas, Cornwell Place is a dead-end street that runs east from North Ingalls Street which was established as public right of way by Lawrence and Maynard’s Addition to Ann Arbor dated August 8, 1848;
Whereas, The University of Michigan has initiated a petition for a street vacation for the entirety of Cornwell Place because the University owns all the properties on both sides along Cornwell Place, it serves no other public or private users, vacation of it will not impact the City’s transportation network or public vehicular or pedestrian access or the City’s transportation network, and the University wishes to vacate Cornwell Place public right of way to allow for future development, in particular a childcare center to serve Michigan Medicine staff;
Whereas, Staff reviewed the request and recommended approval;
Whereas, On December 5, 2023 the Planning Commission held a public hearing and voted unanimously to approve a motion recommending that City Council approve the request to vacate Cornwell Place public right of way;
Whereas, On February 18, 2025, City Council held a public hearing on this request to vacate Cornwell Place public right of way; and
Whereas, If Cornwell Place is vacated, the transfer of utilities and releases of easements and duct bank agreements should also be addressed because the utility and other facilities which are subject to them serve only University properties;
RESOLVED, That City Council hereby vacates all rights in Cornwell Place public right-of-way, established by Laurence and Maynard’s Addition to Ann Arbor dated August 8, 1848, more specifically described as follows:
All that part of Cornwell Place lying East of North Ingalls Street described as: Commencing at an iron pipe at the intersection of the centerline of North Ingalls Street with the centerline of Kingsley Street (formerly known as North Street) according to the plat of “Lawrence and Maynards Addition to Ann Arbor”, as recorded in Liber 27 of Deeds, page 471, Washtenaw County Records; thence along the centerline of North Ingalls Street South 02’16’43” East 140.65 feet to an iron pipe at the intersection with the centerline of Cornwell Place; thence along said centerline North 87’24’03” East 31.02 feet to the POINT OF BEGINNING; thence along the East line of North Ingalls Street North 02’16’43” West 24.75 feet; thence along the North line of Cornwell Street North 87’24’03” East 482.24 feet; thence South 02’16’43” East 49.50 feet; thence along the South line of Cornwell Place south 87’24’03” West 482.24 feet to the East line of North Ingalls Street; thence along said East line North 02’15’43” West 24.75 feet to the POINT OF BEGINNING, containing 0.548 acres of land, more or less.
RESOLVED, That an appropriate instrument evidencing this vacation and approved by the City Attorney be recorded at the Washtenaw County Register of Deeds as soon as practicable following approval of this resolution;
RESOLVED, That City Council hereby releases all rights and interests in an indenture dated October 25, 1947 and recorded in Liber 472, Page 122 Washtenaw County Records;
RESOLVED, That City Council hereby releases all rights and interests in an Easement Agreement dated October 17, 2017 and entered into by and between The Regents of the University of Michigan and the City, and recorded in Liber 5228, Page 836, Washtenaw County Records;
RESOLVED, That an appropriate instrument, approved by the City Attorney, evidencing these releases of utility easements be recorded at the Washtenaw County Register of Deeds as soon as practicable following approval of this resolution;
RESOLVED, That the City Council hereby releases, only as to the Cornwell Place right-of-way, the Agreement between the City of Ann Arbor and the Regents of the University of Michigan for Right-of-Way Occupancy by Telecommunication Duct Bank Facilities Within Cornwell Place and Catherine Street, dated September 24, 2014, and that the Agreement remains valid and in full force and effect as to the remainder of the land subject to it;
RESOLVED, That City Council hereby releases in its entirety the Agreement between the City of Ann Arbor and the Regents of the University of Michigan for Right-of-Way Occupancy by Electrical Duct Bank Facilities Within Cornwell Place, dated September 24, 2014;
RESOLVED, That City Council hereby approves a Utilities Transfer Agreement with the Board of Regents of the University of Michigan; and
RESOLVED, That the City Administrator is authorized to sign the Utilities Transfer Agreement and take all appropriate actions to implement this resolution.